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2026 Supreme(Online)(Mad) 18261
IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
S.I.Basheer Ahamed – Appellant
Versus
The Commissioner of Corporation, Corporation Commissioner Office, Trichy. – Respondent
Writ Petition | W.P.(MD)No.2896 / 2026 | W.P.(MD)No.2986 / 2026
For the Appellants/Petitioners: Mr.V.Ramasubramanian Senior Counsel for Mr.R.Senthilkumar
For the Respondent: Mr.J.Sriprasad for M/s.R.B. Law Associates
The need for sufficient evidence to issue death certificates for inheritance claims is emphasized in the context of historical authority.
Headnote:Statute Analysis: The petitions were filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus. Facts of the Case: The petitioners sought death certificates for ancestors necessary for inheritance claims.
Findings of Court:
The Court acknowledged the petition but required evidence to process applications.
Issues: The Court questioned the proper authority for documentation due to historical jurisdiction.
Ratio Decidendi: The court stressed that the Corporation needed satisfactory proof to validate applications.
Result: These Writ Petitions are disposed of accordingly.
| Table of Content |
|---|
| 1. application for death certificates for inheritance. (Para 1 , 2) |
| 2. jurisdiction of corporation and verification process. (Para 3) |
| 3. requirement of evidence for application approval. (Para 4) |
| 4. conclusion on the disposal of writ petitions. (Para 5) |
COMMON ORDER
These Writ Petitions have been filed seeking issuance of a Writ of Mandamus, directing the respondent to issue a Non Registration Certification or Death Certificate of the petitioner's grandmother namely, Khathar bi alias Kajabi and the petitioner's father's grandmother's father namely, K.Sheik Hussain, based on the petitioner's Application Nos.83738 and 83747, vide payment Receipt Nos. 086/A1/1/25-26/0007802 and 086/A1/1/25-26/0007803 of Rs.8,700/- and Rs.11,700/-, both dated 21.11.2025, respectively, within a stipulated time that may be fixed by this Court.
2. When the matter came up for hearing, the learned Senior Counsel appearing for the petitioners submitted that, for the purpose of determining the inheritance of the Jagirdhar inam lands, the petitioners are required to obtain the death certificates of their grandparents, namely, Khathar Bi alias Kajabi, who died on 07.09.1940, and K.Shiek Hussain, who died on 11.06.1910.
3. The learned Standing Counsel appearing on behalf of the respondent Corporation submitted that, during the period between 1910 and 1940, the Corporation was not the appropriate authority and that, under the erstwhile enactments, the District Collector was the competent authority. In any event, upon the petitioners submitting an application along with certain certificates, the respondent Corporation entertained doubts regarding the veracity of the said certificates and has forwarded them for police verification.
4. Considering the fact that the factum of death, the date of death, and the relationship must be established by the petitioners, and that only upon production of acceptable evidence can the respondent Corporation consider the application, even though, after repeal of the earlier enactments, presently, they are only the competent authority, it is for the respondent Corporation to examine the applications upon the petitioners producing satisfactory evidence regarding the existence, death, and related particulars of the said deceased persons.
5. It is stated that the respondent Corporation has already forwarded the documents produced by the petitioners for police verification. Therefore, the said process shall be completed and appropriate orders shall be passed depending on the outcome and in accordance with law, as expeditiously as possible.
6. These Writ Petitions are disposed of accordingly. No costs.
